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The North Dakota Durable (Financial) Power of Attorney represents a commitment to grant powers from one party to allow a designated agent to conduct transactions, sign for, and take action regarding associated financial holdings. The contract secures the required information to issue a broad set of rights to an attorney-in-fact to handle matters associated with the owning individual’s bank accounts, personal/real property, taxes, and/or legal procedures. This particular arrangement further incorporates “durability” to the written bond, which will bestow the rights in such a manner that the conditions of the accord remain in effect in instances where the principal is deemed physically or mentally incapacitated. Because of the persistent nature of this contractual endowment, it is recommended that the grantor seriously consider the repercussions of the engagement prior to the document’s execution.

Instructions: Adobe PDF

Laws

Statute – North Dakota Century Code Title 30, Chapter 30.1-30 – Uniform Durable Power of Attorney Act (§ 30.1-30-01 – 30.1-30-06)

Definitions – “A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney in fact in writing and the writing contains the words “This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time,” or “This power of attorney becomes effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument” (§ 30.1-30-01).

Signing Requirements – North Dakota state Code does not cite a stipulated requirement for acknowledgment, although notarization from a licensed official is required on the form.

Revocation – § 30.1-30-04